The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-04-03
Judge Sutherland's Interest
ing Address Yesterday,
AT THE DEsERET UNIVERSITY,
In America."-Early History
Clearly Set forth.

are listened to with interest and attenI
ton oy intelligent audiences. The
genllemau's style Of deli7eSy. pointed
| * preas;ous and choice vocabulary,
coupled with his experience, study and
research, enable the lecturer to handle
his subjects in q mastery, instructive
and attractive manner. The subject of
yesterdays lecture was Title to Real
BITE in America, and the following is
a Brief synopsis of the judges remarks:
By the common law, all land in En-
gland is held either Immediately or
mediately from the king, who is the
source of the title This ownership is
not actual, but ultimate; for in case of
attainder of felony by the immediate
owner, or by his failure to have heirs,
all his land escheats to the king.
|, The same principle obtains here,
where the government is the source of
the title. mo title here. is valid unless
1t has originated from the general
government, the State government, or
from the former colonial government.
But the land escheatS to the govern
ment only in case there are no heirs, or
by special and limited statutes.
Our government did not obtain its
| title to the land we occupy in the same
way that William the Conqueror did.
| The original thirteen colonies each held
a royal charter from the English crown,
which, IN turn, held the title by
right of discovery, and not
by any feudal system like
that brought about by William.
By virtue of this title, the government
reserves the exclusive right to grant
titles to any lands over which it has
absolute political Jurisdiction: that oc-
cupied by the Indians, for example.
The theory of foreign powers in
colonizIng America was to recognize the
right of occupancy by the Indians, IN
til such right was extinguished by
treaty, or until the needs of the grow
ing population demanded that the gov
eminent acquire the lands for public
purposes. 1t was considered that the
use made by the Indians of the land
was not its legitimate or full use; and
they were compelled, willing or unwill-
ing, to sell to the government, and then
either adopt the customs and mode of
life of the superior race, or to leave.
The government tried to treat the In
dams in paternal manner, but much
bloodshed resulting mostly fromhasty or
inconsiderate acts of the agents of the
government, has resulted. At first the
colonies purchased the land and formed
alliances with the Indians, living
amicably with them. Writers differ as
to the right of the stronger party to
compel the weaker to sell; but from the
first it was foregone conclusion that
the whites would occupy such parts of
America as they wanted, and in carry
ing out the general sentiment and
policy of the people, the government
has endeavored to be very lenient to the
weaker race.
The government brings the land into
market by law and grants patents to
those buying it. The government con-
Yeys the land entirely, not retaining
any nominal ownership, but when
heirs fail, the land escheats to
the. original owner. Yet the
land escheats to theS tate, not
being satisfactory, just, and more di-
rect than if the land escheated to the
general government.
! The term land has in law, technical
meaning, including all'things of a per-
| manent and substantial nature, such as
grounds of any kind, rock, water,
woods, marsh. meadow, etc, and all
erections thereon. A grant of land in
clHding water means that the grantee
! has the land under the water, while q
grant of water would signify that the
grantee might use the water for irriga-
/ ton, machinery, fishing, etc.
! Whoever owns land must have a
! boundary for it, both for his own right
and convenience, and for that of the
public. Within this boundary the owner
! possesses the land to the centre of the
earth and for an indefinite distance
heayenward. He thus has the e1clu-
siye right above and below him; the
air and the depths are his. This right
| is not merely imaginary but actual
and useful. We need light, air, and
space above US, and no one can erect
buildings to overhang our land. We
| need foundation on which to stand.
/ hence no one can undermine US; AMI
should our land contain minerals of
value, the products of the depths would
be as much ours and of as much i'm
portance as the crops of the surface. In
a deed, the term land includes houses,
water, wood, or whatever is within its
| boundaries. Tenemen is term still
OASoNC4f ms wv -AAAlS VI
permanent nature that may be
held, and including offices, rights,
rents, etc. Hereditament is &
term still more comprehensive. includ
ing everything that may be inherited
Titles are classed as free hold, AID less
than free hold, The former includes
estates of inheritance and estates for
life. Estates of Inheritance are of two
kinds-esta tes in fee absolute, and es-
tates in fee limited. One branch of
| free hold titles consists of estates in fee
simple absolute.
Free hold titles include variety OF
kinds. They are so named because
held by free Iuen or for free service. as
distipgu shed from the men and service
| Of the feudal system. a freehold title
is granted TO the tenant and his heirs
Ia makinga conveyance it is important
to say in the paper that the estate or
I fee simple is to run to the grantee and
his heirs, no other word can be sub
s,ituted for heirs, and if this is not
properly dore the conveyance may last
only during the Iife of the grantee and
81 not descend to his heirs.
| This peculiarity arose with the feudal
| system, in which the lord gave a title
ualy in consideration of personal, us